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Business Law Unit 1 Case 1 And 2 Assignmnet

584 words - 3 pages

Candace Wilson
Case 1/Case 2 assignment  Ramona Atkins
Business Law
Candace Wilson
Case 1/Case 2 assignment  Ramona Atkins
Business Law

Introduction
This paper includes facts and information regarding the case 1 assignment, Davis vs. Esposito. It includes the fact that it was negligence that caused the accident. Davis is responsible for his careless actions.
The Factors
The factors are the negligence because of Davis colliding with an elderly lady of 80 years old, Esposito. Medical bills were given to Esposito because of her hip injury that occurred and it is now a permanent physical impairment. Davis is at fault for causing the accident. He didn’t pay attention to his surroundings causing Esposito to fall.
Tort of Negligence
The tort of negligence applies to the facts because the incident was an accident, it was not done purposely to cause ...view middle of the document...

They are fragile and not as alert as others. It would be much easier for them to have their own exit and prevent any other accidents from occurring in the future.
Conclusion
This paper explained what the accident was, what caused the accident, as well as who was harmed and who was responsible for negligence. Negligence is a careless act that people need to watch out for and be more careful in incidents like this. The storeowner can do many things to prevent this from happening again and hopefully it gets taken care of.
Introduction
This paper includes case 2, Thomas Baker vs. Osborne Development Corp. It includes facts about the arbitration agreement as well as other information about Home Buyers Warranty.
Agreement or Suing
The homeowners would be bound to the consent form that they signed. In the form it stated that by signing the form they agreed to the terms including the binding arbitration provision. There is also a warranty program that is provided by HBW, so if anything happened it should be covered under the warranty, they should have to sue them.
Arbitration Clauses in Contracts
The U.S. Supreme Court has been making arbitration decisions for the past few years. The court has decided five cases and all “have swung strongly in favor of enforcing arbitration clauses in contracts.” Michael Droke (2013). The law has changed in California because of the decisions on arbitration agreements.
“Arbitration means that you have things go to a neutral decision-maker who was selected by the parts,” Michael Droke (2013). There is no jury and it is always a retired lawyer or judge who is the arbitrator in the cases.

References
SHRM Joanne Deschenaux (2013) Supreme Court Supports Enforcement of Arbitration
Clauses. Retrieved from http://www.shrm.org/legalissues/federalresources/pages/supreme-court-supports-enforcement-arbitration-clauses.aspx
ExpertLaw (2014). Negligence and Tort of Law. Retrieved from:
www.expertlaw.com/library/personal_injury/negligence.html

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